Speakman v. Vest
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by W. I. Speakman against J. W. Yest and others for the final settlement of an alleged partnership. Judgment for respondents, and complainant appeals.
Read the full summary
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by W. I. Speakman against J. W. Yest and others for the final settlement of an alleged partnership. Judgment for respondents, and complainant appeals. The admission and the answer that a partnership existed are conclusive of that fact. — Gresham v. Ware, 79 Ala, 200; Tony v. Moore, 4 S. & P. 383. The right to- an accounting is clear from the uncontradicted evidence. — Harris v. Harris, 132 Ala, 208. The court erred in not ordering a reference. — Moffatt v. Hanna, 154 111. 649; Paige v. Gorich, 107 111. 361; 97 111. 119;…
1Opinion of the CourtMcCLELLAN, J.
The bill involves the final settlement of an alleged partnership, and, of course, embraces an accounting. The respondent Yest, in his answer, admitted the existence of the partnership. In this state of the pleadings, the matter being material, the respondent was concluded by the admission, and estopped to deny the relation so long as that admission remains in the answer. — McGehee v. Lehman, Durr & Co., 65 Ala. 316; Gresham v. Ware, 79 Ala. 192; Toney v. Moore, 4 Stew. *414& P. 355. However, this status, created by the conclusions in the answer, cannot result in denying to either party the right…
2Cases cited5 opinions
- Gresham v. WareSupreme Court of Alabama · 1885
- McGehee v. Lehman, Durr &Co.Supreme Court of Alabama · 1880
- Daly v. St. Patrick's Catholic ChurchIllinois Supreme Court · 1880
- Moffett v. HannerIllinois Supreme Court · 1895
- Toney v. MooreSupreme Court of Alabama · 1833
3Cited by4 opinions
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- Cox v. DunnSupreme Court of Alabama · 1942
- Griffith v. First Nat. Bank of GuntersvilleSupreme Court of Alabama · 1932
- Davenport & Harris Funeral Homes v. KennedySupreme Court of Alabama · 1943